Last updated: February 2023
Please read these terms and conditions carefully before using our website waitley.shop (the “Site”) operated by Waitley® Batteries (“us”, “we”, or “our”). By accessing or using the Site, you agree to be bound by these terms of use and all applicable laws and regulations.
Overview
These Terms & Conditions explain our obligations as a service provider and your obligations as a customer using our Site. Please read them carefully. These Terms constitute a legally binding agreement between you and Waitley® Batteries regarding your use of the Site.
By accessing or using the Site, you are acknowledging that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Site.
We may periodically make changes to these Terms. It is your responsibility to review these Terms each time you access our Site. Your continued use of the Site constitutes your agreement to the updated Terms.
You must be at least 18 years old to access and use the Site. By accessing or using the Site, you represent and warrant that you are at least 18 years old.
Site Access
Account Registration. Certain features and areas of the Site require you to register for an account. When you register for an account, you agree to provide accurate and current information about yourself. You are responsible for maintaining and updating your account information.
Passwords. You are responsible for maintaining the confidentiality of your user name and password. You are solely responsible for any activities or actions taken using your account, whether or not you authorized those activities or actions.
Site Availability. We will make reasonable efforts to keep the Site available and functioning; however, we cannot guarantee continuous or uninterrupted availability. Temporary service disruptions and downtime may occur occasionally.
Mobile Devices. The Site may be accessed through mobile devices such as smartphones and tablets. If you access the Site through a mobile device, you understand that your mobile carrier’s standard data and text messaging rates will apply.
Updates. We may from time to time update, enhance, upgrade, repair, or otherwise modify the Site. These modifications may require you to install updates or upgrades to continue accessing and using the Site.
Products and Pricing
Product Descriptions. We strive to provide detailed, accurate, and clear descriptions of products offered on the Site. However, we do not warrant that product descriptions or other Site content is accurate, error-free, complete, reliable, current, or defect-free.
Prices and Promotions. All prices displayed on the Site are quoted in U.S. dollars. We reserve the right to change prices or end promotions at any time, even if a promotion has not expired. Price changes or errors will not justify cancellation of orders you have already placed.
Taxes. All stated prices are exclusive of taxes, duties, and similar assessments, unless indicated otherwise. You are responsible for paying all applicable taxes relating to your purchases. We will collect sales tax for orders shipped to addresses within states we have determined are legally required to collect sales tax.
Availability. Products shown on the Site are available while supplies last. We cannot guarantee availability of any product. We reserve the right to discontinue or change product specifications, prices, and availability at any time without notice.
Trademarks. All brand, product, and service names used on the Site are trademarks or registered trademarks of their respective holders. We disclaim any affiliation with or endorsement of third party trademark owners.
Copyrights. All content included on the Site is protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, create derivative works from, participate in the transfer or sale of, or reproduce in any way, any of the content found on the Site.
Third Party Content. The Site may contain links to third party websites, applications, products, or services that are not owned or controlled by us. We are not affiliated with, have no control over, and assume no responsibility for the content, policies, or practices of any third party websites, applications, products, or services. You access any such third party content at your own risk.
Orders and Payment
Order Acceptance. Receipt of an order placed on the Site does not constitute our acceptance. We reserve the right to accept or reject any order for any reason and will provide refunds in the case of rejected orders.
Payment Methods. We accept payment through credit/debit cards and other payment methods indicated on the checkout page. You represent that you are authorized to provide the payment information given to complete purchases.
Order Cancellation and Refunds. You may cancel unfulfilled orders within 24 hours of placing your order. Refunds will be credited back to your original payment method. Processing fees for credit card payments are non-refundable.
Shipping and Delivery. We will arrange for shipment of your order to the shipping address you provide. We aim to ship orders within 2 business days of order acceptance when the product is available. Transit times may vary. Tracking information will be provided for your reference only; we are not liable for any delay in transit times.
Product Warranty and Returns. Our products come with a one year limited warranty from defects in materials and workmanship. This warranty becomes void if the product is damaged through improper use or modifications. You may request a refund or replacement for defective products within 30 days of receiving your order. Shipping fees will not be refunded unless the return is due to a fulfillment error on our part. Instructions for initiating returns will be provided upon request.
User Conduct
Acceptable Use. The Site is intended for non-commercial, personal use only. You agree to use the Site only for lawful purposes and in compliance with all applicable laws, regulations, and policies.
Unlawful Conduct. You may not publish or transmit via the Site any content that violates or infringes the rights of others or that we deem unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent in our sole discretion.
Account Security. You are prohibited from violating or attempting to circumvent the security of the Site, including but not limited to: accessing data not intended for you; logging into a server or account which you are not authorized to access; probing, scanning, or testing the vulnerability of any system or network; breaching security or authentication measures; interfering with service to any user, host, or network; or attempting to do any of the above.
Spam and Harassment. You may not engage in unauthorized advertising or marketing, spamming, or harassment via the Site. This includes contacting other users without their consent.
Infringement. You may not upload, reproduce, or distribute content protected by intellectual property laws, rights of privacy, or publicity rights without authorization. This includes uploading content you do not own or for which you have not obtained all necessary permissions. We reserve the right to remove or disable access to infringing content at our discretion.
Viruses. You may not upload viruses or other malicious code that may compromise the security of the Site.
Compliance with Laws. You agree to comply with all applicable laws and regulations while accessing and using the Site. You will not assisting or enabling others to abuse or violate laws using resources provided by the Site.
Disclaimers and Limitation of Liability
No Warranties. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SITE, PRODUCTS, CONTENT, OR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT SITE ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY STATED HEREIN.
Damage and Performance Disclaimers. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FROM YOUR USE OF THE SITE. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE SITE OR YOUR USE OF THE SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE DISCLAIMERS MAY NOT APPLY.
Errors and Inaccuracies. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS, INACCURACIES, OMISSIONS, INTERRUPTIONS, VIRUSES, DEFECTS, DELAYS IN OPERATION, OR FAILURES OF PERFORMANCE RELATED TO THE SITE, PRODUCTS, SERVICES, OR CONTENT PROVIDED HEREIN.
Loss of Data. WE ASSUME NO LIABILITY FOR LOSS OR CORRUPTION OF DATA TRANSMITTED OVER OUR NETWORK OR STORED ON OUR SERVERS. WE MAKE NO GUARANTEES REGARDING THE INTEGRITY, SECURITY, OR PRIVACY OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET.
Modification and Termination. WE RESERVE THE RIGHT TO SUSPEND, MODIFY, TERMINATE, RESTRICT, OR DISCONTINUE THE SITE AT ANY TIME WITHOUT NOTICE. WE MAY BLOCK IP ADDRESSES OR USER ACCOUNTS IN OUR DISCRETION WITHOUT NOTICE OR CAUSE.
Jurisdictional Issues. We make no representation that the Site, products, services, or content available on the Site are appropriate, legal or available outside the United States. Accessing the Site from territories where its contents, products, or services are illegal or prohibited is at your own risk.
Indemnification
You agree to fully indemnify, defend, and hold us harmless from any claims, damages, liabilities, losses, costs, and expenses arising from your use of the Site or any violation of these Terms. We reserve the right to assume exclusive control of defending any claim subject to indemnification by you at your expense.
Dispute Resolution
Arbitration Agreement. You agree that any dispute arising from your use of the Site or these Terms shall be resolved through binding arbitration on an individual basis administered by the American Arbitration Association under its Consumer Arbitration Rules. All claims must be brought on an individual basis and cannot be joined as a plaintiff or class member in any purported class action proceeding. The arbitrator may not consolidate proceedings or claims or award relief to any person other than the individual party seeking relief. Any arbitration shall occur in Los Angeles County, California. Each party shall bear their own costs and fees. Any judgment upon an arbitration award may be entered and enforced by any court with proper jurisdiction.
Class Action and Jury Trial Waiver. You expressly waive your rights to pursue any dispute arising from these terms or the Site as a class action or other representative or joint action. Neither party shall make a demand for a jury trial or seek to have any dispute heard by a jury.
Small Claims Exemption. We both agree that any claims related to or arising from these Terms or the Site may be pursued in small claims court on an individual non-class non-representative basis as long as all claims remain in that court.
Governing Law. These Terms shall be governed under the laws of the State of California without regard to conflicts of laws provisions. The UN Convention on Contracts for the International Sale of Goods shall not apply.
No Injunctive Relief. You agree that in no event shall you obtain injunctive relief or equitable remedies of any kind against us arising from your use of the Site or these Terms.
General Provisions
Entire Agreement. These Terms along with the Privacy Policy incorporated herein constitute the entire agreement between you and Waitley® Batteries with respect to your access and use of the Site.
Assignment. You may not assign or transfer these Terms or your rights and obligations hereunder without our express prior written consent. We may freely assign these Terms. Any attempted assignment or delegation in violation of this section will be null and void.
Headings and Interpretation. The section titles and headings contained herein are inserted as a matter of convenience and for reference purposes only and in no way define, limit, extend, or describe the scope of these Terms or the intent of any provision. Our failure to enforce strict performance of any provision of these Terms shall not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms.
Severability. The invalidity of any provision, condition, or requirement contained herein shall not void the remaining provisions, conditions, and requirements. Invalid provisions will be replaced to the extent possible to achieve the original intent and economic effect of the invalid provision.
No Partnership or Third Party Beneficiaries. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority to bind or incur obligations on behalf of the other party. No third party shall be deemed a beneficiary of these Terms.
Notices. You agree to receive communications from us in electronic form via email, text message, or by posting notices on the Site. Notices emailed or texted to you shall be deemed given 24 hours after the email or text is sent. Notices posted on the Site shall be deemed given upon posting.
Force Majeure. We will not be liable for delays in performing our obligations hereunder due to causes beyond our reasonable control, including but not limited to act of God, natural disaster, war, riot, epidemic, fire, communication failure, or server failures.
Right to Contact. We retain the right to contact users of the Site regarding account status, changes to the Site and these Terms, or any other matter relevant to the Site, products, or services.
Survival of Terms. Any provisions that logically ought to survive termination of these Terms shall survive (including without limitation, copyrights, indemnity, warranty disclaimers, and limitations of liability).
Contact Us. Please contact us with any questions about these Terms and Conditions. Our mailing address and customer service details are provided below:
Waitley® Batteries
123 Battery Lane
Powerville, CA 90000
Email: [email protected]
Phone: 1-800-123-4567